Tag Archive for History

Beauchamp on Founding-Era Patent Revocation

An article from Prof. Chris Beauchamp, newly published in the Vanderbilt Law Review and titled “Repealing Patents”, examines the history of Founding-era patent revocation.  It’s a complex story, influenced by the changing character of the pre-1836 patent system, and reveals that there did seem to be a belief in a public interest in the invalidation…

Founders On Patents: Madison On The Dangers Of Patents

James Madison is credited with introducing the Patent and Copyright Clause to the Constitution, and defended that clause in Federalist 43, stating “[t]he utility of this power will scarcely be questioned.”  But he was well aware that there were dangers to the power, writing in his own papers that the patent monopoly could produce more…

Previewing CLS Bank v. Alice

Tomorrow, February 8, the full Court of Appeals for the Federal Circuit (“Federal Circuit”), who receives nearly all patent appeals, will hear oral arguments in CLS Bank v. Alice Corp.  This case could be a seminal case for the future of software patents, and so we will be doing a few posts on it.  This post…

A History of Abuse

The U.S. patent system is almost as old as our country. The power to create patents was included in the constitution, and the first Patent Act was enacted in 1790. A lot of opponents of patent reform today argue that the length of the patent system in this country is indicative of its health as…

Progress in a Time of War

It may be thermonuclear war, but at least it’s out in the open. We have Steve Jobs to thank, not only for his brilliant contributions to technology, but for launching Apple’s thermonuclear war against Android.   Already raging in ten countries around the world, this war has made a public spectacle of the subjectivity, uncertainties, and…